ACIT, CHENNAI V. Chennai Metropolitan Water Supply and Sewerage Board, CHENNAI

ITA 312/CHNY/2010

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 4476 (ITAT-CHENNAI)
• Duration Of Justice: 4 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-07-2010
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 27-07-2010
• Assessment Year: 2006-2007
• Appeal Filed On: 18-03-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B SRINIVAS
• Assessee Lawyers: V SWAMINATHAN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BENCH C, CHENNAI BEFORE SHRI ABRAHAM P. GEORGE, ACCOUNTANT MEMBER AN D SHRI GEORGE MATHAN, JUDICIAL MEMBER .. I.T.A. NOS. 312/MDS/20010 ASSESSMENT YEAR : 2006-07 THE ASST. COMMISSIONER OF INCOME-TAX, BUSINESS CIRCLE-VI, CHENNAI. VS. M/S. CHENNAI METROPOLITAN WATER SUPPLY & SEWERAGE BOARD, NO.1, PUMPING STATION ROAD, CHINTADRIPET, CHENNAI-600 002. PAN : AAALM0037B (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI B. SRINIVAS RESPONDENT BY : SHRI V. SWAMINATHAN O R D E R PER ABRAHAM P. GEORGE, ACCOUNTANT MEMBER; THIS APPEAL BY THE REVENUE IS FILED AGAINST THE OR DER OF THE CIT(APPEALS)- IX, CHENNAI IN APPEAL NO. ITA NO. 228/08-09 DATED 2 -12-2009 FOR THE ASSESSMENT YEAR 2006-07. 2. AFTER HEARING BOTH THE PARTIES, WE FIND THAT THE ASSESSEE IN THIS CASE IS A STATE GOVERNMENT UNDERTAKING. HONBLE JURISDICTION AL HIGH COURT IN THE CASE OF I.T.A. NO.312/MDS/2010 2 CIT V. POOMPUHAR SHIPPING CORPORATION (2008) 12 DTR 103 (MAD) HAD HELD THAT, COD APPROVAL IS REQUIRED IN CASES INVOLVING STATE G OVERNMENT AND REVENUE. IN THE PRESENT CASE, WE FIND THAT NO COD APPROVAL IS T HERE. RESPECTFULLY FOLLOWING THE PRECEDENT FROM THE JURISDICTIONAL HIGH COURT DE CISION, REFERRED TO SUPRA, THE APPEAL FILED BY THE REVENUE IS DISMISSED FOR LACK O F COD APPROVAL. HOWEVER, THE REVENUE SHALL BE AT LIBERTY TO ASK FOR A RECALL OF THIS ORDER AS AND WHEN THE COD APPROVAL IS OBTAINED. THE SAME SHALL BE DEALT WITH IN ACCORDANCE WITH LAW. 3. IN THE RESULT, APPEAL FILED BY THE REVENUE IS DI SMISSED. 4. THE ORDER WAS PRONOUNCED IN THE COURT ON 27 TH JULY, 2010. SD/- SD/- (GEORGE MATHAN) (ABRAHAM P. GEORGE) JUDICIAL MEMBER ACCOUNTANT MEMBER CHENNAI, DATED THE 27 TH JULY, 2010. H. COPY TO: ASSESSEE/AO/CIT (A)/CIT/D.R./GUARD FILE